More Republicans go after California air pollution rule waivers
The Trump administration wants to scrap more federal approvals for California emissions rules. Many House Republicans are eager to help.
E&E DAILY | Three House Republicans plan to introduce legislation Thursday that would scrap federal waivers that allow California to impose stricter air pollution standards for vehicles.
It is the latest — and most coordinated — move this year in an ongoing Republican attack on federal Clean Air Act waivers for California mandates, some of which date back to the Obama administration.
Congress last year eliminated three California waivers granted under former President Joe Biden. Now, the Trump administration wants federal lawmakers to kill four more waivers.
Reps. August Pfluger (R-Texas), Jay Obernolte (R-Calif.) and Gary Palmer (R-Ala.) are set to introduce separate resolutions of disapproval, a development first shared with POLITICO.
“California should not be allowed to set de facto national vehicle standards for the rest of the country. This resolution reaffirms that the Clean Air Act cannot be used to give one state the power to reshape America's auto market,” Palmer said in a statement.
The Clean Air Act allows California — because of its pollution history — to set stricter standards with federal consent. Numerous other states follow California's lead.
Palmer's resolution would ax a waiver from the first Obama administration that allowed California to impose emissions mandates on vehicles beginning with model year 2009.
Pfluger’s resolution would revoke a Biden administration waiver that allowed California to continue its Advanced Clean Cars I program, which limits vehicle emissions.
And Obernolte’s resolution would repeal a waiver allowing California to impose emissions standards on small off-road engines, like those in lawn mowers or golf carts.
Pfluger said, “I'm proud to introduce this CRA to restore consumer choice, protect American families from costly mandates, and put an end to California setting de facto national auto policy."
The Congressional Review Act allows lawmakers and the administration to kill rules by simple majority within a certain time frame. Before last year, it had never been used against Clean Air Act waivers.
The Republican trio introducing resolutions Thursday is not the first to respond to the Trump administration’s request for Congress to target California pollution standards.
Rep. Harriet Hageman (R-Wyo.) introduced a measure last month that would axe the same 2009 rule as Palmer’s resolution. And Rep. John Joyce (R-Pa.) introduced a resolution two weeks ago targeting a 2013 federal waiver that underpinned California’s increasingly stringent emissions requirements for vehicles through model year 2025. Rep. James Gallagher (R-Calif.) has said he also plans to introduce a resolution.
Joyce, Palmer, Pfluger and Obernolte sit on the Energy and Commerce Committee, which has jurisdiction over the Clean Air Act. Palmer chairs the Environment Subcommittee.
A major reason Republicans and the administration want to eliminate more California waivers is to undo any remaining climate emissions limits on vehicles. The Trump administration has scrapped them at the federal level.
The legislation could reach the floor once the House and Senate return from August recess. Senate moderates have in the past been skeptical of using the CRA against the waivers.
California is suing EPA for sending the waivers to Congress as rules to repeal. The Trump administration has argued that the courts cannot overturn congressional action under the CRA.